Textbook Concepts Exam 2 Flashcards
What are the 2 elements that must be present for criminal guilt to be established?
1) Actus reus: A wrongful deed
2) Mens rea: Criminal intent.
What does unfit to stand trial mean?
The defendant is incapable to conduct a defence at any stage of the proceedings on account of a mental disorder.
Which Canadian case made it so that an unfit person could not be sentenced?
R. v. Balliram
How did R. v. Taylor change the unfit to stand trial criteria?
Defendant need only to be able to state the facts related to the offence that would allow for an appropriate defence. Also the defendant need not be able to communicate facts that are in their best interests (too strict a criterion)
How long can someone be held in custody for a fitness evaluation?
Five day limit, with provisions for extensions if necessary. Extension is not to exceed 30 days, entire length of detention should not exceed 60 days.
What province has the most people who are given the legal status of unfit compared to the least?
Ontario and Nunavut.
How can Canadian psychologists be involved in court ordered assessments?
Psychological testing, assist with the assessment of the defendants, submission of results to psychiatrists or medical practitioners who can interpret the results.
What is the Fitness Interview Test Revised?
A semi-structured interview which assesses three psychological abilities stated in the code’s fitness standard.
What are the 3 psychological abilities that are part of the FIT-R?
1) Understand the nature or object of the proceedings
2) Understand the possible consequences of the proceedings
3) Communicate with counsel.
What are the 3 stages involved in the decision making stage with the FIT-R?
1) Determining the existence of a mental disorder
2) Determining the defendants capacity regarding the 3 items
3) Examining previous information.
What score on the FIT-R indicates that someone should go for a more comprehensive evaluation?
20 or below.
What is the CAI? (Competency to Stand Trial Assessment Instrument)
Assesses 13 functions using a semi-structured interview.
What is the Interdisciplinary Fitness Interview?
Semi-structured interview consisting of 3 areas of competency (functional memory, appropriate relationship with attorney, understanding of justice system)
What are the 4 main sections of the IFI?
1) legal items
2) Psychopathological items
3) Overall evaluation
4) Consensual judgement.
What other things should be reviewed when conducting a competency assessment?
Defendants attorney, previous mental health contacts, and jail personnel. Mental health reports, police reports, and prior arrest history.
What is the MacArthur Competence Assessment Tool?
A structured interview containing 22 items that assesses competencies in 3 areas:
1) Factual understanding of the legal system and adjudication process
2) Reasoning ability
3) Understanding of own legal situation and circumstance.
What is more likely of incompetent defendants?
More likely to be diagnosed as psychotic, more likely to be unemployed and unmarried.
What is more likely of competent defendants?
Having a current violent criminal charge as opposed to a nonviolent one.
What is the most common form of treatment to make someone fit to stand trial?
Medication.
In Canada, when is the defendant reassessed for fitness?
45 days.
What happens if the defendant remains unfit after 90 days?
Referred to a review board for assessment and disposition.
What is a prima facie case?
Case in which the crown prosecutor must prove there is sufficient evidence to bring the case to charge. (if a defendant remains unfit after 90 days)- has to review every 2 years.
In youth cases who are deemed unfit, how often does the court review?
Every year.
What was Bill-C 10?
Court now has the authority to stay proceedings for any defendant who is unlikely to become fit if:
1) The accused is unlikely to ever become fit
2) The accused does not pose a significant threat to safety
3) A stay of proceedings is in the interest of the proper administration of justice.
Who has the power to determine if an absolute discharge is okay?
The courts- review board can make recommendations.
What is insanity?
Defined as not being sound of mind and being mentally deranged and irrational.
How does insanity remove responsibility?
Because of uncontrollable impulses or decisions (hearing voices)
What was the case of James Hadfield?
Attempted to assassinate King George 3- had suffered a brain injury while fighting against the French and lawyer argued he was out of touch with reality. After this, the Criminal Lunatics Act was established.
What are the 3 specifics that came out of the McNaughton case according to the insanity defences of today?
1) A defendant must be found to be suffering from a defect of reason/mind
2) A defendant must not know the nature and quality of the act they committed
3) A defendant must not know that what they are doing is wrong.
What are community treatment orders?
People living with mental illness in a community must report to a mental health caregiver on a regular basis, can also be forced to take medication (if they don’t, they can be noninstitutionalized).
What are the 2 situations in Canada where the Crown may raise the issue of insanity?
1) Following a guilty verdict, crown can argue NCRMD. Happens when Crown believes that the defendant requires psychiatric treatment and a mental facility is best suited for their needs
2) If the defence states the defendant has a mental illness, crown can argue it.
What are the 5 scales included on the Rogers Criminal Responsibility Assessment Scales?
1) Patient reliability
2) Organicity
3) Psychopathology
4) Cognitive control
5) Behavioural control.
What is an absolute discharge?
If the defendant is not a risk to society and poses a low risk for reoffending, can be released into the community without restrictions.
What is a conditional discharge?
Defendant is released, but must meet certain conditions- failure to meet these conditions may result in incarceration or institutionalisation.
When can you force treatment on a defendant?
If they are no longer competent to make decisions about their treatment.
What kinds of things do review boards take into account when reviewing a defendants disposition?
Charge information, trial transcript, criminal history, risk assessment, clinical history, psychological testing, and hospitals recommendations.
What is capping?
Refers to the maximum period of time that a person with a mental illness can be affected by their disposition. Once cap is reached, can either be released without restrictions or can be involuntarily mitted to hospital.
What are the 4 main criteria that are decided upon when looking at dispositions?
1) Public safety
2) Mental state of defendant
3) Reintegration
4) Other needs of defendant.
What factors are more related to a decision to detain or release an individual?
Dynamic (factors that are changeable).
Is automatism seen as a specific defense?
No, judges have to rely on their own judgements.
What is noninsane automatism?
Involuntary behaviour that occurs because of an external factor.
What is insane automatism?
Involuntary action that occurs because of a mental disorder.
What factors are considered by the Jury when looking at whether a defendants behaviour was involuntary?
Psychiatric assessments
Severity of triggering event
History of automatic behaviour.
What are the 2 things the trial judge must decide upon when pleading automatism?
Whether the defendants behaviour was involuntary, and if the condition was a mental disorder.
What kinds of verdicts are given in cases of noninsane automatism?
Not guilty.
What kinds of verdicts are given in cases of insane automatism?
Case proceeds as NCRMD.
What kinds of defences can be used when arguing noninsane automatism?
A physical blow Physical ailments (stroke) Hypoglycemia CO poisoning Sleepwalking Involuntary Intoxication Psychological blow- dissociatve states from psychological factors like grief, mourning, or anxiety.
What does a NCRMD verdict result in?
The possibility of the defendant being sent to a mental facility
What does insane automatism verdicts result in?
An NCRMD ruling- subject to same dispositions as those with an NCRMD defence.
What are the psychiatric disorders seen the most in defendants and what are the least?
Substance abuse and schizophrenia respectively.
What current measures are in place for mentally ill defendants who do not meet the criteria for NCRMD or being unfit?
Segregated from other offenders if inmates are suicidal or prone to self injury.
Why are there such high rates of mental illness in offender populations?
1) Individuals with mental illness are more likely to be arrested
2) Individuals with mental illness are less adept at committing crimes and are more likely to get caught
3) Invidiuals with mental illness are more likely to plead guilty.
When does mandatory supervision occur?
After serving 2/3 of a sentence.
Which types of mentally ill offenders are more likely to recidivate?
Offenders with both substance use and mental health disorders- also have higher rates of violent behaviour.
When does criminal behaviour typically decline among offenders with mental illnesses?
At age 40+.
What other things (other than schizo) affect the likelihood of future violence?
Prior violence and substance abuse.
What types of crimes are NCRMD defendants more likely to commit?
Murder or attempted murder- however they also commit a variety of crimes similar to other offenders.
What are the best predictors (demographic) of recidivism?
Age of admission, number of days hospitalized, number of previous offences (strongest predictor)
What types of treatment options are available for those with active psychotic symptoms?
Antipsychotic drugs and behaviour therapy.
What is a community treatment order?
Allows the offender with a mental illness to live in the community under the agreement that they will do treatment or detention if their condition deteriorates.
What is diversion?
Diverting offenders directly into a treatment program rather than going through the court (Minor charges).
What are mental health courts?
Courts designed to redirect those with mental health needs back to the mental-health care system rather than the CJS